Jorge Antonio Haro Pena, A095 727 770 (BIA Dec. 17, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of a motion to reopen an in absentia order upon finding the immigration judge improperly applied a “per se” rule that automotive difficulties do not constitute exceptional circumstances justifying the failure to appear. The decision was written by Member Edward Grant.

In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of a motion to reopen an in absentia order upon finding the immigration judge improperly applied a “per se” rule that automotive difficulties do not constitute exceptional circumstances justifying the failure to appear. The decision was written by Member Edward Grant.